If you are wondering why on earth the National Football League Players’ Association is now called a “trade association,” it is because the now-former players’ union decertified, clearing the way for a class-action lawsuit against the National Football League.
To clarify the situation, a union cannot sue the company it conducts business with by law. However, should a union decertify, its members then become independent contractors. As a result, an antitrust lawsuit can be pursued.
After a one-week extension of talks, the owners and players were unable to reach an agreement on a new collective bargaining agreement on March 11, which led to NFLPA head DeMaurice Smith calling for decertification at a 5 p.m. deadline, and the owners “locking out” or barring players from league facilities at Midnight.
Once this occurred, the NFL players launched an antitrust lawsuit against the NFL. The plaintiff list in the class action lawsuit includes the likes of Super Bowl MVPs (Most Valuable Players) Tom Brady, Peyton Manning, and Drew Brees. Players of this caliber are positioned as plaintiffs due to their popularity and the remote likelihood that the owners of their teams would retaliate against them. The case in question will be known as “Brady et al. vs. National Football League.”
The key issues that forced the lockout were led by the proposal of an 18-game season by the owners. While it would improve the bottom line, the players felt it was more of a health risk rather than financial reward. Also at the forefront were the financial books of the NFL owners. The owners were open to disclosing five years of records via a third party, with certain information available only. However, the players wanted 10 years of records, minus the third party and all information disclosed.
Other issues up for debate were a rookie wage scale and profit sharing. Even though the rookie wage scale appeared to be a point on which the two sides could cleanly negotiate, the profit sharing issue had a huge gap between the two parties.
The case will be decided in a Minnesota court. Owners are fearful that the person presiding over the case would be Judge David Doty, who already ruled against the owners’ right to $4 billion dollars in guaranteed television contracts for 2011 on an appeal by the players. Although the owners will argue that the decertification was a sham, Doty has a history in ruling with the players in cases.
The last time the NFLPA decertified was back in 1989. After all the dust settled, the NFLPA won its case against the owners, which resulted in the birth of free agency in the NFL. Current Supreme Court Justice Sonia Sotomayor was the judge who ruled in that case. The player plaintiff then was the late Reggie White, who used his free agency right to sign with the Green Bay Packers, and eventually won Super Bowl XXXI with the team in 1997.
Ironically, the Packers are the current Super Bowl Champions, and may very well be the last title holders for a long time depending on when the lockout ends.
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